Dr. Louis Levy v. Dr. Karl F. Urbach, Steven Davis v. John C. Droke

The plaintiffs in these consolidated actions appeal the granting of summary judgment to the defendants in the Davis action, and the dismissal with prejudice of the complaint in the Levy action. Because we find that the defendants were not entitled to judgment as a matter of law, we affirm in part and reverse in part and remand for further proceedings.

I. BACKGROUND

All of the plaintiffs claim entitlement to incentive pay for their work with victims of Hansen’s Disease, more commonly known as “leprosy,” while employed at the United States Public Health Service (“the Service”) hospital located in San Francisco, California. Dr. Louis Levy, the named plaintiff in the Levy action, is a physician commissioned in the Service, assigned to and the Director of the Leprosy Clinic at the San Francisco hospital. Under 42 U.S.C. § 255 , the Service must receive into any hospital suitable for accommodation of leprosy victims any person afflicted with the disease. Dr. Levy’s complaint alleged that since at least January 1960, the San Francisco facility had been receiving and treating patients afflicted with leprosy. Filing both individually and on behalf of an alleged class consisting of all…